The main schemes
- Criminal Assets Recovery Act 1990 (NSW): civil proceedings brought by the NSW Crime Commission, including restraining orders, assets forfeiture orders, proceeds assessment orders and unexplained wealth orders. A conviction is not required.
- Confiscation of Proceeds of Crime Act 1989 (NSW): conviction-based forfeiture and pecuniary penalty orders linked to State offences.
- Proceeds of Crime Act 2002 (Cth): Commonwealth restraint, forfeiture, pecuniary penalty and unexplained wealth proceedings, usually brought by the Australian Federal Police.
Responding to a restraining order
Restraining orders are often obtained without notice to the owner. Once an order is served, time limits apply to applications to exclude property and to other responses. Missing a deadline can significantly narrow the options.
Our work involves examining the basis on which the property is said to be connected to offending or unexplained wealth, tracing the source of funds, and assembling evidence of legitimate income and ownership.
Family members and other third parties
Restraint frequently affects people who are not accused of any offence, such as a spouse, parent or business partner whose interest in a home or account is caught by an order. Third parties may be able to apply to exclude or protect their interest.
Our work
- Restraining order and forfeiture proceedings
- Exclusion and compensation applications
- Unexplained wealth proceedings
- Proceeds assessment and pecuniary penalty orders
- Seized cash, vehicles and real property
- Examinations and compulsory questioning
- Coordinating the response with related criminal proceedings
Frequently asked questions
Can my property be restrained if I have not been convicted?
Yes. Under the NSW civil scheme and some Commonwealth provisions, restraint and forfeiture can proceed without a conviction. The outcome of any related criminal case is still relevant, and the two proceedings need to be managed together.
I am not the person charged, but my home has been restrained. What can I do?
You may be able to apply to have your interest excluded or protected. Time limits apply, so seek advice promptly after the order is served.
This page is general information about the law in NSW and our work. It is not legal advice about your situation. Procedures, penalties and deadlines depend on the charge and can change.